Registering rights derived from acts between a married person and a third party

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1. When a married person becomes the owner of a registered property, which special requirements derived from his/her civil status must be taken into consideration in order to get the new title registered in the Land Registry?

N/A

2. How the registration in favor of a married person would be done? Would any interested party be able to know by checking the land registry information any restriction in the powers of the owner derived from the matrimonial property regime?

The new owner is registered on the basis of the documents that show the transfer of the property. These documents should all be registered at Land Registry. Any interested party would not be able to know by checking Land Registry any information or restriction in the powers of the owner derived from the matrimonial property regime.

The registration of a property at Land Registry by a married person is the same as in any other case. Whether the property is registered just in the name of one of the spouses or both depends on who appears on the contract or who is mentioned in the court decision. In the case of foreign spouses, or registered partners, same would apply. If both spouses appear on the contract/ mentioned in court decision; if the share is not indicated it is divided in half and in the case that they are specified they will be registered as specified. Therefore, there are no special requirements as such. A married person/partner is treated just like any other person in registering a property as registration is always based on the contract/court decision and not on the type of matrimonial regime.

3. What will the Land Registry demand from a married proprietor to register the transmission or any modification of his/her registered title?

The Land Registry will demand the documents which show the transfer of property.